Chapter 9.02


9.02.000    Adoption by reference.

9.02.010    Assault.

9.02.020    Provoking assault.

9.02.030    Reckless endangerment.

9.02.040    Violation of restraining order.

9.02.050    Adoption by reference – Domestic violence – Violation and orders.

9.02.100    Domestic violence assessment.

9.02.000 Adoption by reference.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:


9.61.230    Telephone harassment

9.61.240     Telephone harassment – Permitting telephone to be used

9.61.250    Telephone harassment – Offense, where deemed committed

9A.36.041    Assault in the fourth degree

9A.36.050    Reckless endangerment

9A.36.070    Coercion

9A.36.150    Interfering with reporting of domestic violence

9A.42.010    Definitions

9A.42.035    Criminal mistreatment in the third degree

9A.42.040    Withdrawal of life support systems

9A.42.045    Palliative care

9A.42.050    Defense of financial inability

9A.46.020    Harassment

9A.46.030    Place where harassment committed

9A.46.040    Court ordered requirements upon person charged with crime violation

9A.46.050    Arraignment – No contact order

9A.46.060    Crimes included in harassment

9A.46.080    Order restricting contact – Violation

9A.46.090    Nonliability of police officers

9A.46.110    Stalking

9A.49.010    Lasers – Definitions

9A.49.030    Unlawful discharge in the second degree

9A.49.040    Civil infraction, when

9A.49.050    Exclusions

(Ord. 1432 § 1, 2007)

9.02.010 Assault.

A person is guilty of assault if he or she:

A.    Intentionally causes bodily harm by unlawfully touching or striking another person; or

B.    Attempts by force or violence to cause bodily harm to another person; or

C.    Intentionally places or attempts to place another person in fear or apprehension of bodily harm by an act, word or threat. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.02.020 Provoking assault.

A person is guilty of provoking assault if he or she by word, sign or gesture wilfully provokes another person to commit an assault or breach of the peace through the use of fighting words, signs or gestures which by their very nature or the manner in which they are used tend to excite an immediate violent reaction or breach of peace. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.02.030 Reckless endangerment.

A person is guilty of reckless endangerment if he or she recklessly engages in conduct which creates a substantial risk of death or serious physical injury to another person. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.02.040 Violation of restraining order.

A.    A person is guilty of violating a restraining order if he or she knowingly violates any of its restraint provisions or provisions excluding a person from a residence.

B.    A peace officer shall arrest without a warrant and take into custody a person whom the peace officer has probable cause to believe has knowingly violated an order issued under state law that restrains the person or excludes the person from a residence.

C.    Upon the filing of an affidavit by the victim or any peace officer alleging violation by a permanent or temporary Ferndale resident of an order for protection granted under state law, the Ferndale Municipal Court may issue an order requiring the person to appear and show cause within 14 days why he or she should not be found in contempt of court and punished accordingly. (Ord. 1432 § 1, 2007; Ord. 824 § 1, 1987)

9.02.050 Adoption by reference – Domestic violence – Violation and orders.

The following provisions of the Revised Code of Washington as presently constituted or hereinafter amended are adopted by reference:


9.41.040    Unlawful possession of firearms – Ownership, possession by certain persons

9A.40.010    Definitions

9A.40.070    Custodial interference in the second degree

9A.40.080    Custodial interference – Assessment of costs – Defense – Consent defense, restricted

10.99.020    Definitions

10.99.030    Law enforcement officers – Training, powers, duties – Domestic violence reports

10.99.040    Restrictions upon and duties of court

10.99.045    Appearances by defendant – No-contact order

10.99.050    Victim contact – Restriction, prohibition – Violation, penalties – Written orders – Procedures

10.99.055    Enforcement of orders

10.99.070    Liability of peace officers

26.09.300    Restraining orders – Notice – Refusal to comply – Arrest – Penalty – Defense

26.50.010    Definitions

26.50.110    Violation of [protection] order – Penalties

26.50.140    Peace officers – Immunity

(Ord. 1432 § 1, 2007)

9.02.100 Domestic violence assessment.

A.    Any person convicted of a crime involving domestic violence may be assessed a penalty of $100.00 (“DV assessment”). This assessment shall be in addition to, and shall not supersede, any other penalty, restitution, fines, or costs provided for by law.

B.    A “crime involving domestic violence,” as used in this section, means any crime as defined by RCW 10.99.020, as presently constituted or hereinafter amended, and the violation of any equivalent ordinances whether presently or hereinafter enacted by the City of Ferndale.

C.    “Convicted,” as used in this section, shall include a plea of guilty, a finding of guilt regardless of whether the imposition of the sentence is deferred or any part of the penalty is suspended, or the levying of a fine. Nothing herein prevents the City from assessing the DV assessment upon the stipulation of the accused as part of a plea or other agreement when a person has been charged with a crime involving domestic violence. (Ord. 1501 § 1, 2008)